United States Ninth Circuit

Petition for review of a removal order based on a conviction for misdemeanor assault is granted where: 1) fourth degree assault under Washington law is not categorically a "crime of violence"; and 2) the modified categorical approach did not establish that petitioner's conviction was based on a "crime of violence."

Appellate Information

• Argued 12/05/2007
• Decided 01/22/2008
• Published 01/22/2008

Judges

• McKEOWN, Circuit Judge:, Before:  M. MARGARET McKEOWN and RICHARD R. CLIFTON, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Matt Adams, Northwest Immigrant Rights Project, Seattle, Washington, for the petitioner.


• For Appellees:
  
• Peter Keisler, Assistant Attorney General, Civil Division, Department of Justice, Washington, D.C.;  David V. Bernal, Jesse M. Bless, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, D.C., for the respondent.